R.Thangaraj v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.33399 of 2022 and WMP.Nos.32823 & 32824 of 2022 1.R.Thangaraj 2.T.Anjalai 3.T.Madhumathi ... Petitioners Vs.

1.The Secretary to Government, Home Department, Fort St.George, Chennai 600 009 2.The Competent Authority/ District Revenue Officer, Salem District 3.State Represented by Inspector of Police, Economic Offence Wing-II, Salem District 4.M/s.Baby Emu Farms India Pvt.Ltd., Represented by Managing Director S.Thangadurai Door No.1/7, 16D, Oorgoundar Street, Kunjandiyur, Gonur Post, Meetur Taluk, Salem District 636 404 ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India

to issue a writ of mandamus directing the first and second respondents to distribute money at the rate of 27.8% of the petitioners' deposits totally Rs.10,03,580/- For Petitioners : Mr.R.Ravichandran For Respondents For R1 to 3 : Mr.A.Gopinath, Government Advocate(crl.side)

ORDER

This writ petition has been filed for direction to the first and second respondents to distribute money at the rate of 27.8% of the petitioners' deposits totally Rs.10,03,580/- 2.

The petitioners are victims in crime No.542 of 2012 registered for the offence punishable under Sections 420, 406, 471 & 120(b) of IPC and Section 5 of TNPID Act. After completion of investigation, the third respondent filed final report and the same has been taken cognizance in CC.No.23 of 2012 on the file of the Special Court for the TNPID Act, Coimbatore. Pending investigation, the investigation agency seized money along with interest to the tune of Rs.1,10,23,392.12/-. There are 2182 depositors, out of which 2176 depositors were disbursed the amount at 27.8 % out of their total due.

However, the petitioners were left out and they were not settled. 3.

Therefore, the second respondent is directed to disburse the money to the petitioners at the rate of 27.8 % of their total deposits after verifying their compliance, eligibility and on verification of original deposit receipts, within a period of four weeks from the date of receipt of copy of this order, if not already disbursed.

4.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

28.11.2023 Index :Yes/No (2/2) Internet : Yes/No Speaking order/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To

1.The Secretary to Government, Home Department, Fort St.George, Chennai 600 009 2.The Competent Authority/ District Revenue Officer, Salem District 3.Inspector of Police, Economic Offence Wing-II, Salem District 4.S.Thangadurai, Managing Director, M/s.Baby Emu Farms India Pvt.Ltd., Door No.1/7, 16D, Oorgoundar Street, Kunjandiyur, Gonur Post, Meetur Taluk, Salem District 636 404 5.The Government Advocate High Court of Madras 28.11.2023